Anti-Counterfeiting Trade Talks Resume
The latest round of negotiations on the proposed Anti-Counterfeiting Trade Agreement has begun in Seoul, South Korea with little light shed on where the talks are headed. U.S. Trade Representative Ron Kirk and his team have tried to communicate the message that while they value transparency, keeping the details of the trade deal under wraps is essential. The USTR allowed some industry and advocacy groups to view documents as negotiators prepared for this meeting but notable watchdog groups were left out and took issue with the mandate that those privy to the text had to sign non-disclosure agreements.
One such group, Knowledge Ecology International, slammed the USTR for allegedly handpicking those who reviewed the draft and filed a Freedom of Information Act request asking for "all records at USTR on the topic of the policy and practice of USTR regard the transparency of trade negotiations, including but not limited to [ACTA]." This week KEI spearheaded a letter to President Obama calling on the process to be opened up for public debate. A number of individuals and international advocacy groups signed the petition, which was circulated online.
The ACTA effort began nearly two years ago, and negotiators initially wanted to finalize the deal before the end of former President George W. Bush's term. Kirk told a crowd at the U.S. Chamber of Commerce in September that he couldn't put a firm date on when the pact would be complete. Internet piracy will be "a very strong part of our dialogue," Kirk said, noting that it would be helpful if industry stakeholders could arrive at "a more harmonious position" on the topic.
Some bloggers like Michael Geist are quoting sources who say details of the proposed Internet chapter are starting to emerge. They say the baseline obligations are inspired by Article 41 of the TRIPs, which focuses on the enforcement of intellectual property and it includes a requirement to establish third-party liability for copyright infringement, with some restrictions. InternetNZ issued a press release expressing alarm and the Electronic Frontier Foundation said the leaks "confirm everything that we feared about the secret ACTA negotiations."
It remains to be seen what negotiators will say at the conclusion of the talks later this week. Perhaps they will clear up any rumors or inaccuracies in the reports that have rippled through the blogosphere. The governments have posted the tentative agenda for the meeting online. Here's the outline:
Wednesday, November 4
9:30 - Introductory Remarks
10:00 - Enforcement in the Digital Environment
12:30 - Lunch
13:30 - Continued discussions
15:30 - Coffee Break
17:30 - Conclusion of the discussion for the Day
Thursday, November 5
10:00 - (Continued discussion on previous matters if needed) Criminal Enforcement
12:30 - Lunch
13:30 - Continued discussions
15:30 - Coffee Break
17:30 - Conclusion of the discussion for the Day
Friday, November 6
10:00 - (Continued discussion on previous matters if needed) Transparency
11:00 - Other matters
- Next steps
- Remaining Issues
12:00 - Conclusion of the 6th Round of ACTA Negotiations
12:30 - Press Release
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